Dacey v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Two ACTIONS OF tort, by the administratrix of the estate of John H. Dacey. The first case was brought under the St. of 1887, c. 270, § 1, cl. 3, to recover for personal injuries occasioned to the intestate, who was employed by the defendant, while he was in the exercise of due care, through the alleged negligence of a person in the service of the defendant, who had charge of a locomotive engine or train upon its railroad, in leaving a car standing so near a moving train…
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Two ACTIONS OF tort, by the administratrix of the estate of John H. Dacey. The first case was brought under the St. of 1887, c. 270, § 1, cl. 3, to recover for personal injuries occasioned to the intestate, who was employed by the defendant, while he was in the exercise of due care, through the alleged negligence of a person in the service of the defendant, who had charge of a locomotive engine or train upon its railroad, in leaving a car standing so near a moving train which the intestate was getting upon that there was nob sufficient room for his body to pass. At the trial in the Superior…
1Opinion of the CourtKnowlton, J.
In this case the plaintiff contends that her intestate, John H. Dacey, while in the exercise of due care, was injured by reason of the negligence of some person who had charge or control of a locomotive engine or train upon the defendant’s railroad. The suit is brought under the employers’ liability act (St. 1887, c. 270), which gives a right of action in certain cases for a personal injury caused by “ the negligence of any person in the service of the employer who has the charge or control of any . . . locomotive engine or train upon a railroad.” There is no dispute that the plaintiff’s…
2Cases cited1 opinion
- Ramsdell v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1890
3Cited by21 opinions
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Thyng v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
- Caron v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Shea v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
- La Mere v. Railway Transfer Co.Supreme Court of Minnesota · 1914
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